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Does your agreement provide for what happens if there is a breach of the agreement of if there is a dispute?
Does it require mediation or arbitration?Do you think you can work this out with your former spouse?
I know that is what you are wanting to know but as a senior family lawyer I want to help as much as possible.
His spouse's income does not count but if he is deliberately under-employed to reduce support and you can prove this a court would require that he pay support based on his former income.You may have to pay him back but I cannot review your agreement to see if that is required.He did breach the agreement and it is not believable that he would pay more knowing he could reduce his support payments simply by providing honest disclosure so I find it highly suspect that he let this go by not providing disclosure on time and I believe a court would as well.
It may make sense to refuse to pay him back and to seek to enforce the order if he refuses to pay you appropriately going forward because his seems to be artificially lower his income.Do you understand what I am explaining? If not just let me know.
I don't know where you are getting this information but it is not likely that the court will go back three years. That is the most the court can go back but as there is no reason not to address this now the court will not likely go back that far. It is not reasonable for you to wait and take such a risk.
You cannot get a court order to stipulate what the support should be if you have an agreement unless there is a breach of the agreement and you then follow what the agreement says in terms of using out of court routes first. That is why I asked about mediation or arbitration. And it may be that depending on what you agreed to you may only be able to use arbitration and not court.I think what you need to do is take the agreement, now, and have it reviewed by a local family lawyer as I am concerned you will be very surprised and disappointed if you cannot redress this retroactively and possibly not through a court prospectively.Separations agreements cannot be revisited. Child support can be varied based on a material change of circumstances though.And unfortunately there is no third party to chase down his documentation. That is not how this works. In court you have to bring forward the documentation or get an order from the court for him to produce it and even with a court order that you register with your province there is not a lot of hunting down that is going to be done on your behalf.
So please take the time now and go for a consultation with a local family lawyer now. I am not saying you need to retain the lawyer now but you need to have a much more accurate and realistic view of what you may be able to do going forward.
I am so sorry to have told you all of this and I know you would rather wait until you are in a stronger position to deal with him but at the same time it just may be too late and so you cannot wait and hope to redress all this unfairness later as you likely cannot.